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2006

Education Law

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Articles 1 - 30 of 37

Full-Text Articles in Law

Playing Cowboys And Indians, B. Glenn George Oct 2006

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Cornell Law Faculty Publications

In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories put ...


School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King Oct 2006

School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King

UF Law Faculty Publications

Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.


Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus Aug 2006

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus

Student Scholarship Papers

This article analyzes the Florida Supreme Court’s recent decision in Bush v. Holmes, in which the court struck down Florida’s school voucher program as a violation of Florida's constitutional uniformity clause. It argues that the court erred by applying a simplistic and ahistorical definition of uniformity, and recommends that future courts applying state constitutional uniformity clauses to school voucher schemes take a different approach.

Specifically, it argues that courts in future cases should begin by acknowledging frankly the necessity of determining the meaning of uniformity. Next, drawing on case law and historical evidence, they should fashion definitions ...


Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries Jul 2006

Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

In federalist parlance, the states often are called laboratories of democracy. Nowhere is this truer than in the field of education, and almost no subset of the education field lends itself to this label more than education finance. Since 1973, with very few notable exceptions, the entire development of the practice of education finance has proceeded through state-specific reforms. These reforms have occurred mostly through legislative policymaking, but the courts have played an important role in directing that policy development.

If one were to seek to observe one of these laboratories in action—to witness the interaction of the courts ...


The Spirit Of Serrano: Past, Present And Future, Anne Dupre, John Dayton Jul 2006

The Spirit Of Serrano: Past, Present And Future, Anne Dupre, John Dayton

Scholarly Works

A decades-long school funding revolution continues in the United States. The litigation sparked by the Supreme Court of California's 1971 decision in Serrano v. Priest continues to reshape the legal, political, and educational landscape in the United States, affecting the lives of children, parents, educators, and taxpayers throughout the nation. Serrano-inspired lawsuits have transformed school funding policies nationwide, resulting in billions of dollars in new funding and a notable redistribution of resources among school districts. Serrano-inspired litigation has changed public schools in many states to a degree second only to the transformation that followed Brown v. Board ...


Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman Jun 2006

Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman

Department of Public Health Scholarship and Creative Works

The study provides empirical evidence of the independent contribution of nonsexual romantic relationships in the seventh grade to the onset of sexual intercourse by the ninth grade for both males and females. In addition, it shows that among females, seventh graders in serious relationships with older teenagers—uniquely defined as those two or more years older—have an increased likelihood of sex in the ninth grade. Finally, the study demonstrates that seventh graders of both genders who have had serious romantic relationships were already significantly different in the sixth grade from those who have not: They had peers who were ...


Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler May 2006

Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler

Library Faculty Presentations

Student and Faculty Intellectual Property
— Scenarios – What might occur?
— Forms of intellectual property (IP)
— Ownership of faculty IP
— Ownership of student IP
— Rights to use IP:
• RIT-owned
• Student-owned
• External IP
— Scenarios – Discussion of
Using Intellectual Property & Related Tools
— TEACH Act
— Online copyright tutorials & websites
— Turnitin – a plagiarism-detection tool
Handouts
Resources


We All Fall Down: Self-Fulfilling Prophecies And The Minority Question In China’S Educational Policies, Lauren A. Burke Apr 2006

We All Fall Down: Self-Fulfilling Prophecies And The Minority Question In China’S Educational Policies, Lauren A. Burke

East Asian Languages and Cultures Department Honors Papers

This paper does not have an abstract.


Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody Apr 2006

Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody

Working Paper Series

This Article will establish that an unrecognized norm, the “norm of sincerity,” is an implicit factor in the standing analysis in a certain class of equal protection cases. That class of cases includes equal protection claims where 1) courts have applied the “able and ready to compete” test to determine a plaintiff’s injury in fact, and where 2) the plaintiff has complained about discriminatory access to limited government resources. In those cases, a plaintiff cannot demonstrate injury in fact sufficient to meet Article III standing unless she shows that she sincerely intends to use the benefits at stake in ...


Brief Of Respondents, Arlington Central School District Board Of Education V. Murphy, No. 05-18 (U.S. Mar 28, 2006), Jillian M. Cutler, David C. Vladeck Mar 2006

Brief Of Respondents, Arlington Central School District Board Of Education V. Murphy, No. 05-18 (U.S. Mar 28, 2006), Jillian M. Cutler, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


The Paper Wars: First Amendment Challenges To School Material Distribution Policies, Leora Harpaz Mar 2006

The Paper Wars: First Amendment Challenges To School Material Distribution Policies, Leora Harpaz

Faculty Scholarship

Public schools are faced with an array of requests seeking permission to distribute material on school property. These requests may come from students, teachers or outside organizations. To respond to these requests, some school districts have adopted written policies to guide their determinations while others lack formal policies and respond on an ad hoc basis. Whether based on formal or informal policies, in deciding whether to permit distribution school officials typically take into account a variety of factors including the content of the material, the identity of the individual or group seeking permission and the time, place or manner of ...


A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart Jan 2006

A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart

Law Faculty Publications

No abstract provided.


The Political Economy Of Education Federalism, Michael Heise Jan 2006

The Political Economy Of Education Federalism, Michael Heise

Cornell Law Faculty Publications

The No Child Left Behind Act represents the federal government's most significant foray into the nation's elementary and secondary public school policymaking terrain. Although the Act undertakes unassailable policy goals, its critics argue that it represents an unwarranted federal intrusion into education policymaking, generates unintended policy consequences, and amounts to an unfunded federal mandate. Constitutionalists dwell on the Act's threat to structural federalism as it plausibly strains Congress's conditional spending authority. The coercive force that federal education funds exert on local school districts and states attracts particular attention. The No Child Left Behind Act, however, safely ...


Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart Jan 2006

Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart

Law Faculty Publications

No abstract provided.


Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson Jan 2006

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address ...


The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe Jan 2006

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

UF Law Faculty Publications

The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental ...


The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri Jan 2006

The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri

Faculty Scholarship at Penn Law

This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools ...


No Lawsuit Left Behind, Michael Heise Jan 2006

No Lawsuit Left Behind, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Unanimously Wrong, Dale Carpenter Jan 2006

Unanimously Wrong, Dale Carpenter

Faculty Scholarship

The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by ...


Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman Jan 2006

Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman

Faculty Scholarship

No abstract provided.


Foreword, Richard B. Collins Jan 2006

Foreword, Richard B. Collins

Articles

No abstract provided.


Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun Jan 2006

Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun

Articles

No abstract provided.


Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker Jan 2006

Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker

Articles

When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for ...


Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman Jan 2006

Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman

Faculty Publications

No abstract provided.


Some Thoughts On Religion, Abstinence-Only, And Sex Education In The Public Schools, Frank S. Ravitch Jan 2006

Some Thoughts On Religion, Abstinence-Only, And Sex Education In The Public Schools, Frank S. Ravitch

Faculty Publications

No abstract provided.


Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne Jan 2006

Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The Supreme Court's decision in Grutter v. Bollinger represents a high-water mark for the recognition and influence of constitutional academic freedom. The Court there relied, gingerly perhaps, on constitutional academic freedom, understood as some autonomy for university decision making on matters of core academic concern, to provide a compelling interest adequate to uphold flexible racial preferences in university admissions. Now that the dust has settled from direct import of the decision for affirmative action in admissions, it is important to consider what role constitutional academic freedom, as a working constitutional doctrine, should or may play within current disputes about ...


A Response To Goodwin Liu, Robin West Jan 2006

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is ...


Who Is The Child Left Behind? The Racial Meaning Of The New School Reform, Charles R. Lawrence Iii Jan 2006

Who Is The Child Left Behind? The Racial Meaning Of The New School Reform, Charles R. Lawrence Iii

Georgetown Law Faculty Publications and Other Works

Segregated schools achieve their racist purpose by building a wall between poor black and brown children and those of us with privilege, influence, and power. It does not matter that this wall is not built pursuant to the mandate of law or that it is created by the cumulative effect of our private choices. It is segregation nonetheless and it encourages us to hoard our wealth on one side of the wall while children on the other side are left with little. The genius of segregation as a tool of oppression is in the signal it sends to the oppressor ...


A Truancy Court Program To Keep Students In School, Barbara A. Babb Jan 2006

A Truancy Court Program To Keep Students In School, Barbara A. Babb

All Faculty Scholarship

Under Maryland law, "[e]ach person who has legal custody or care and control of a child who is 5 years old or older and under 16 shall see that the child attends school..." MD. Education Code Ann. Sect. 7-301 (c) 2006. The law also provides penalties for violations, as the legal custodian or caregiver "who fails to see that the child attends school...is guilty of a misdemeanor," which could result in fines of $50 to $100 per day of unlawful absence and/or imprisonment for 10 to 30 days, depending on whether the conviction is a first or ...